Development (Miscellaneous) Variation Regulations 2015 (SA)
South Australia
Development (Miscellaneous) Variation Regulations 2015
under the Development Act 1993
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Variation provisions
Part 2—Variation of Development Regulations 2008
4 Variation of regulation 3—Interpretation
5 Variation of regulation 15—Application to relevant authority
6 Variation of regulation 24—Referrals
7 Variation of regulation 25—Procedure where concurrence required
8 Variation of regulation 35—Lodging written representations
9 Variation of regulation 38—Determination of Commission as relevant authority
10 Revocation of regulation 74A
11 Substitution of regulation 76C
76C Fire safety requirements—brush fences
12 Variation of regulation 82—Classification of buildings
13 Variation of regulation 84—Mining production tenements
14 Variation of regulation 87—Qualifications in building
15 Variation of regulation 91—Qualifications
16 Variation of regulation 92—Provision of information
17 Variation of regulation 102—Documents to be provided by private certifier
18 Variation of regulation 103A—Building Rules assessment audits
19 Variation of regulation 103AB—Development Plan assessment audits
20 Variation of Schedule 1A—Development that does not require development plan consent
21 Variation of Schedule 2—Additional acts and activities constituting development
22 Variation of Schedule 3—Acts and activities which are not development
23 Variation of Schedule 3A—Colonel Light Gardens State Heritage Area
24 Variation of Schedule 4—Complying development
25 Variation of Schedule 5—Requirements as to plans and specifications
26 Variation of Schedule 8—Referrals and concurrences
27 Variation of Schedule 9—Public notice categories
28 Variation of Schedule 10—Decisions by Development Assessment Commission
29 Variation of Schedule 14—State agency development exempt from approval
30 Variation of Schedule 14A—Development involving electricity infrastructure exempt from approval
Part 1—Preliminary
1—Short title
These regulations may be cited as the Development (Miscellaneous) Variation Regulations 2015.
2—Commencement
These regulations come into operation on the day on which they are made.
3—Variation provisions
In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.
Part 2—Variation of Development Regulations 2008
4—Variation of regulation 3—Interpretation
Regulation 3(6), definitions of Commonwealth Nation Building Program and Local Government Infrastructure Program—delete the definitions
5—Variation of regulation 15—Application to relevant authority
Regulation 15(3)(b)(iv)—delete "the Commonwealth Nation Building Program or"
6—Variation of regulation 24—Referrals
Regulation 24(5)—delete "the Commonwealth Nation Building Program, the Local Government Infrastructure Program or"
7—Variation of regulation 25—Procedure where concurrence required
Regulation 25(b)(i)—after "application" insert:
(including the date of lodgement)
Regulation 25(b)(ii)—after "decision" insert:
(including a copy of any report prepared by the Development Assessment Commission, council or regional development assessment panel relating to the application)
Regulation 25(b)—delete subparagraph (v) and substitute:
(v)if a statement of support under regulation 17(1) is required—a copy of the statement; and
(va)a copy of any minutes of a meeting of the Development Assessment Commission, council or regional development assessment panel relating to the application; and
(vb)a copy of any declarations required to be made in relation to the application under the Act or these regulations; and
8—Variation of regulation 35—Lodging written representations
Regulation 35(e)—delete paragraph (e) and substitute:
(e)if the person or persons who are making a representation desire, subject to section 38 of the Act, to be heard by the relevant authority, the representation must indicate the fact that the person or persons so desire.
9—Variation of regulation 38—Determination of Commission as relevant authority
Regulation 38(5)—delete "the Commonwealth Nation Building Program or"
10—Revocation of regulation 74A
Regulation 74A—delete the regulation
11—Substitution of regulation 76C
Regulation 76C—delete the regulation and substitute:
76C—Fire safety requirements—brush fences
(1)A brush fence must not be constructed closer than 3 metres to a Class 1 or 2 building under the Building Code unless any external wall of the relevant building that will, as a result of the construction of the brush fence, be closer than 3 metres to the brush fence is fire resisting in accordance with the provisions of the Building Code relating to fire separation in respect of brush fences.
(2)For the purposes of subregulation (1), the distance of 3 metres will be measured from any part of a proposed or existing brush fence and from any part of an external wall of the relevant building.
(3)In this regulation—
brush means—
(a)Broombrush (Melaleuca uncinata); and
(b)any other form of dried vegetation material that has similar fire characteristics to Broombrush;
brush fence includes—
(a)a fence that is predominantly constituted by brush;
(b)a gate that is predominantly constituted by brush;
construction, in relation to a brush fence, includes an alteration of, or addition to, a brush fence but does not include the repair of an existing brush fence that does not enlarge or extend the brush fence;
external wall means an external wall within the meaning of the Building Code;
fire resisting means fire resisting within the meaning of the Building Code.
12—Variation of regulation 82—Classification of buildings
Regulation 82—after subregulation (4) insert:
(5)On assigning a classification to a building (or part of a building), a council must, if relevant, determine and specify in the notice to the owner under section 66(4) of the Act—
(a)the maximum number of persons who may occupy the building (or part of the building); and
(b)if the building has more than 1 classification—the part or parts of the building to which each classification relates and the classifications currently assigned to the other parts of the building.
13—Variation of regulation 84—Mining production tenements
Regulation 84—after subregulation (1b) insert:
(1c)For the purposes of section 75(5) of the Act, a report of the Development Assessment Commission is prescribed.
14—Variation of regulation 87—Qualifications in building
Regulation 87(6), definition of approved building industry accreditation authority—delete the definition and substitute:
approved building industry accreditation authority means an accreditation body recognised by the Minister for the purposes of this definition.
15—Variation of regulation 91—Qualifications
Regulation 91(1)(a)(ii)(C)—delete "or a Certificate of Registration as a Building Surveyor issued by the Local Government Qualifications Committee"
Regulation 91(2)(a), definition of approved building industry accreditation authority—delete the definition and substitute:
approved building industry accreditation authority means an accreditation body recognised by the Minister for the purposes of this definition.
16—Variation of regulation 92—Provision of information
Regulation 92—after subregulation (2ab) insert:
(2ac)Despite subregulation (2)(e), if a private certifier grants development plan consent and building rules consent at the same time in relation to a particular development, the private certifier is not required to provide to the relevant authority a certificate under subregulation (2)(e) for the development.
Regulation 92(2b)—delete "CNBP development, LGIP development or"
Regulation 92(6)—delete ", other than material referred to in subregulation (2)(a) or other certified plans or drawings,"
Regulation 92(7), definitions of CNBP development and LGIP development—delete the definitions
17—Variation of regulation 102—Documents to be provided by private certifier
Regulation 102(1)(b)—delete "section 93(a)" and substitute:
section 93(1)(a)
Regulation 102(1)(e)—delete "section 93(b)(i)" and substitute:
section 93(1)(b)(i)
18—Variation of regulation 103A—Building Rules assessment audits
Regulation 103A(2)—delete "2015" and substitute:
2017
Regulation 103A(3)(a)—delete "3" and substitute:
5
Regulation 103A(3)(b)—delete "2015" and substitute:
2017
Regulation 103A(4)—delete "3" and substitute:
5
19—Variation of regulation 103AB—Development Plan assessment audits
Regulation 103AB(3)—delete "2016" and substitute:
2018
Regulation 103AB(4)—delete "3" and substitute:
5
20—Variation of Schedule 1A—Development that does not require development plan consent
Schedule 1A, clause 5(1)—before "a Historic" insert:
the Municipal Council of Roxby Downs,
Schedule 1A, clause 5(1)(a)—after "site" insert:
, or a dwelling to be erected on the site in accordance with a development authorisation which has been granted
Schedule 1A—after clause 15 insert:
16—Building work on railway land
Building work in relation to a building that is—
(a)associated with a railway; and
(b)situated (or to be situated) on railway land (within the meaning of Schedule 3 clause 13(5)); and
(c)required for the conduct or maintenance of railway activities.
21—Variation of Schedule 2—Additional acts and activities constituting development
Schedule 2, clause 3—after "Watercourse Zone," insert:
Watercourse Policy Area,
Schedule 2, clause 3—after "Flood Zone" insert:
, Flood Policy Area
22—Variation of Schedule 3—Acts and activities which are not development
Schedule 3, clause 3(2)(a)—after "dwelling" insert:
or a dwelling
Schedule 3, clause 3(2)(b)—delete paragraph (b) and substitute:
(b)which permits or is varied to permit the use of the leased or licensed land and any part of it for residential purposes.
Schedule 3, clause 3—after subclause (2) insert:
(2a)The grant or acceptance of a lease or licence, or the making of an agreement for a lease or licence, related to the installation or alteration of telecommunications facilities or wind turbine generators, including any infrastructure associated with such facilities or generators.
Schedule 3, clause 4(1)(f)(i)(B)—delete subsubparagraph (B)
Schedule 3, clause 4(1)(f)(iv)—delete subparagraph (iv) and substitute:
(iv)—
(A)a masonry fence; or
(B)a fence any part of which is formed from masonry (including, for example, a fence that includes masonry piers or columns),
that exceeds (or would exceed) 1 metre in height (measured (if relevant) from the lower of the 2 adjoining finished ground levels); or
Schedule 3, clause 4(1)(g)(iii)—delete subparagraph (iii) and substitute:
(iii)—
(A)a masonry fence; or
(B)a fence any part of which is formed from masonry (including, for example, a fence that includes masonry piers or columns),
that exceeds (or would exceed) 1 metre in height (measured (if relevant) from the lower of the 2 adjoining finished ground levels); or
Schedule 3, clause 4(8)—after the definition of brush fence insert:
masonry means stone, brick, terracotta or concrete block or any other similar building unit or material, or a combination of any such materials;
Schedule 3, clause 13—after subclause (4) insert:
(4a)For the purposes of this clause, a reference to infrastructure associated with a railway, tramway or light railway includes a reference to infrastructure and related works required for the operation or maintenance of activities related to the railway, tramway or light railway.
Schedule 3, clause 13(5), definition of infrastructure—after paragraph (f) insert:
(g)other infrastructure related to the operation or maintenance of railway, tramway or light railway activities;
23—Variation of Schedule 3A—Colonel Light Gardens State Heritage Area
Schedule 3A, clause 4(1)(f)(iii)—delete subparagraph (iii) and substitute:
(iii)—
(A)a masonry fence; or
(B)a fence any part of which is formed from masonry (including, for example, a fence that includes masonry piers or columns),
that exceeds (or would exceed) 1 metre in height (measured (if relevant) from the lower of the 2 adjoining finished ground levels); or
Schedule 3A, clause 4(8)—after the definition of brush fence insert:
masonry means stone, brick, terracotta or concrete block or other similar building unit or material, or a combination of such materials;
24—Variation of Schedule 4—Complying development
Schedule 4, clause 2A(2)—after "dwelling" first occurring insert:
or a detached or semi‑detached dwelling to be erected in accordance with a development authorisation which has been granted
Schedule 4, clause 2A(2)(l)—after "dwelling" insert:
or the proposed facade of the dwelling to be erected
Schedule 4, clause 2B(4)(a)—after "activity on the land" insert:
or in the vicinity of the land
Schedule 4, clause 2B(4)(b)—after "activity on the land" insert:
or in the vicinity of the land
Schedule 4, clause 2B(5)(b)—after "allotment" insert:
(which will remain on the allotment after completion of the development)
25—Variation of Schedule 5—Requirements as to plans and specifications
Schedule 5, clause A2(f)(i)—after "activity on the land" insert:
or in the vicinity of the land
Schedule 5, clause 1(1)(g)—delete paragraph (g) and substitute:
(g)if the building work involves the installation, alteration, relocation or removal and reinstatement of a roof truss within the ambit of the Minister's Schedule 5 list of roof truss information—the details relating to the truss required by the Minister's Schedule 5 list of roof truss information.
Schedule 5, clause 1(6a), definition of Minister's Schedule 5 roof framing checklist—delete the definition and substitute:
Minister's Schedule 5 list of roof truss information means a list of roof truss information published by the Minister in the Gazette for the purposes of subclause (1)(g).
Schedule 5, clause 2A—after subclause (1) insert:
(1a)Subclause (1) does not apply to a development that is intended only to house, or that constitutes, electricity infrastructure (within the meaning of the Electricity Act 1996) (so that an application relating to such a development is not required to be accompanied by the declaration referred to in that subclause).
26—Variation of Schedule 8—Referrals and concurrences
Schedule 8, clause 1(4), table, item relating to District Council of Loxton Waikerie—delete the item and substitute:
District Council of Loxton Waikerie
Loxton
District Centre Zone
Industry Zone
Residential Zone
Moorook
Township Zone
Waikerie
District Centre Zone
Residential Zone
Industry Zone
Schedule 8, clause 1(4), table, item relating to Mid Murray Council—delete the item and substitute:
Mid Murray Council
Mannum
Town Centre Zone
Residential Zone
Recreation Zone
Residential Marina Zone
Mannum Marina Zone
Residential Escarpment Zone
Residential Character Zone
Morgan
Township (Morgan) Zone
Blanchetown
Service Centre Zone
Schedule 8, clause 1(4), table, item relating to Rural City of Murray Bridge, column 3—before "Local Centre Zone" insert:
Country Living Zone
Schedule 8, clause 1(4), table, item relating to Rural City of Murray Bridge, column 3—after "Residential Zone" insert:
Rural Living Zone
Schedule 8, clause 1(4), table, item relating to Alexandrina Council—delete the item and substitute:
Alexandrina Council
Goolwa
Residential Zone
Hindmarsh Island
Residential Zone
Rural Living Zone
Clayton
Settlement Zone
Milang
Residential Zone
Town Centre Zone
Langhorne Creek
Industry Zone
Settlement Zone
Schedule 8, clause 2, table, item 4—after "display on" insert:
or abutting
Schedule 8, clause 2, table, item 9B—after "the development" insert:
is a building that is intended only to house, or that constitutes, electricity infrastructure (within the meaning of the Electricity Act 1996) or
Schedule 8, clause 2, table, item 19(g)—after subparagraph (iv) insert:
(iva)is the construction of an enclosed shed, garage or similar outbuilding—
(A)that is ancillary to an existing building; and
(B)that will not have a total floor area of more than 60 square metres; and
(C)that will have on opposite sides either removable panels or at least 2 doors so as not to impede flood waters; and
(D)that will not be located closer to the River Murray than the building to which it is ancillary; or
27—Variation of Schedule 9—Public notice categories
Schedule 9, clause 2(d)—delete paragraph (d) and substitute:
(d)the construction of (or of any combination of) a carport, garage, shed, pergola, verandah, fence, swimming pool, spa pool or outbuilding if it will be ancillary to a dwelling; or
Schedule 9, clause 6(1)(j)—after "zone" insert:
or Caravan and Tourist Park Zone
Schedule 9, clause 6(1)(k)—delete "Recreation Zone" and substitute:
Adelaide Shores Zone
Schedule 9, clause 6(1)(k)—after "Sturt" insert:
, or the Adelaide Shores Zone or Coastal Marina Zone in the Development Plan that relates to the area of the City of West Torrens
Schedule 9, clause 6(1)(l) and (m)—delete paragraphs (l) and (m)
Schedule 9, clause 6(1)(q)—delete "Technology Park" and substitute:
Infrastructure Zone, Mineral Extraction Zone
Schedule 9, clause 6(2)—delete "Commercial (Cape Jervis) Zone" wherever occurring and substitute in each case:
Cape Jervis Port Zone
Schedule 9, clause 15—delete "under clause 1(2) of Schedule 4" and substitute:
under clause 12(3) of Schedule 1A
Schedule 9, clause 20—delete the clause
28—Variation of Schedule 10—Decisions by Development Assessment Commission
Schedule 10, clause 1(1)(b)—delete "Land Management Corporation" and substitute:
Urban Renewal Authority established under the Urban Renewal Act 1995
Schedule 10, clause 2—delete "and the purpose of the easement, road or reserve will not, in the opinion of the council, be materially affected" wherever occurring
Schedule 10, clause 3A(2), definition of prescribed area, (c)—delete "Policy Area 61 (Primary Production), or Policy Area 62 (Watershed) in the Rural Zone" and substitute:
the Mount Lofty Ranges Policy Area in the Primary Production Zone or the Watershed Protection (Mount Lofty Ranges) Zone
Schedule 10, clause 6A—delete "General Industry (2) Zone in the Port Adelaide Enfield (City) Development Plan as Policy Area 49—Osborne Maritime" and substitute:
Industry Zone in the Port Adelaide Enfield Council Development Plan as Osborne Maritime Policy Area 11
Schedule 10, clause 8—delete the clause
Schedule 10, clause 9(1)—delete "Floodplain Policy Area of the River Murray and Lakes Zone" and substitute:
River Murray Flood Zone
Schedule 10, clause 9(2)(a)—delete "an allotment" and substitute:
land creating 1 or more additional allotments
Schedule 10, clause 11—delete the clause
29—Variation of Schedule 14—State agency development exempt from approval
Schedule 14, clause 1(1)(o)—delete "and weather shelters" and substitute:
, weather shelters, parking meters, parking pay stations and similar items or structures
Schedule 14, clause 1(1)(o)—after "development" third occurring insert:
(whether or not the item is located on the site of the development or in a public place nearby)
Schedule 14, clause 1(1)(p)—after subparagraph (iv) insert:
(v)advertising displays or signs; or
Schedule 14, clause 1(1)(t)(i)—delete "3" and substitute:
3.2
Schedule 14, clause 4—after paragraph (j) insert:
(k)the construction of any of the following, if carried out by a State agency within the meaning of section 49 of the Act:
(i)tourist information or interpretative signs;
(ii)structures (including billboards) at roadside information bays;
(iii)shade‑cloth structures;
(iv)a post and wire fence, including a chain mesh fence;
(v)advertising displays or signs.
30—Variation of Schedule 14A—Development involving electricity infrastructure exempt from approval
Schedule 14A, clause 1(g)(i)—delete "3" and substitute:
3.2
Note—
As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.
Made by the Governor
with the advice and consent of the Executive Council
on 25 June 2015
No 178 of 2015
PLN0001/14CS
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